CLAT PG Administrative Law And Public International Law Flashcards

24 sample cards from the Administrative Law And Public International Law deck

Sampled from the end of the deck, so these are different cards from the ones shown on the syllabus page.

1. What is the purpose of the writ of Habeas Corpus?

   'You may have the body' — it is issued to secure the release of a person who has been illegally or unlawfully detained.

2. For what purpose is the writ of Mandamus issued?

   'We command' — it commands a public authority to perform a public/statutory duty that it has failed or refused to perform; it cannot be issued against a private individual or to enforce a private contract.

3. Distinguish the writs of Prohibition and Certiorari.

   Prohibition is issued during the pendency of proceedings to prevent an inferior court/tribunal from exceeding jurisdiction; Certiorari is issued after a decision to quash an order made without/in excess of jurisdiction or with an error of law.

4. When is the writ of Quo Warranto issued?

   'By what authority' — it is issued to inquire into the legality of a person's claim to hold a public office; if the holder is not entitled, the court ousts them.

5. What is the difference between Article 32 and Article 226 regarding writs?

   Article 32 (Supreme Court) is itself a fundamental right and issues writs only for enforcement of fundamental rights; Article 226 (High Courts) is wider — it issues writs for fundamental rights AND for any other legal right/purpose.

6. Name three non-judicial accountability mechanisms in administrative law.

   The Ombudsman (Lokpal/Lokayukta), the Comptroller and Auditor General (CAG), and Parliamentary Committees / Right to Information; also Public Interest Litigation and the Central Vigilance Commission.

7. What is the role of the Lokpal and Lokayuktas?

   They are ombudsman institutions (under the Lokpal and Lokayuktas Act, 2013) that inquire into allegations of corruption against public functionaries, providing an independent grievance-redressal and anti-corruption mechanism.

8. Define Public International Law.

   The body of rules and principles that govern the legal relations between States and other international persons (e.g., international organisations), regulating their rights, duties and conduct.

9. List the sources of International Law under Article 38(1) of the ICJ Statute.

   (a) International conventions/treaties; (b) International custom (evidence of general practice accepted as law); (c) General principles of law recognised by civilised nations; (d) Judicial decisions and teachings of highly qualified publicists as subsidiary means.

10. What are the two essential elements of international customary law?

    State practice (general, consistent, uniform usage) and opinio juris sive necessitatis (the belief that such practice is legally obligatory).

11. Explain the monist and dualist theories of international law.

    Monism treats international and municipal law as one unified legal system (international law applies directly); Dualism treats them as separate systems, so international law must be transformed/incorporated into domestic law to apply internally.

12. Who are the recognised subjects of International Law?

    Primarily States; also international organisations, individuals (notably in human rights and international criminal law), and to a limited extent non-state entities like insurgents and certain corporations.

13. What are the qualifications of statehood under the Montevideo Convention, 1933?

    A permanent population, a defined territory, a government, and the capacity to enter into relations with other States.

14. What is State Responsibility in international law?

    The principle that a State is liable for an internationally wrongful act — an act/omission attributable to the State that breaches an international obligation — and is bound to make reparation.

15. Distinguish de jure from de facto recognition of a State or government.

    De jure recognition is full, legal and permanent recognition based on stable conformity to international law; de facto recognition is provisional, factual and conditional, given when control is established but stability is uncertain.

16. What are the principal organs of the United Nations?

    The General Assembly, the Security Council, the Economic and Social Council (ECOSOC), the Trusteeship Council, the International Court of Justice, and the Secretariat.

17. What is the composition of the UN Security Council and the 'veto' power?

    15 members — 5 permanent (USA, UK, France, Russia, China) with veto power and 10 non-permanent elected members; a substantive decision fails if any permanent member casts a negative vote (veto).

18. What is the seat and composition of the International Court of Justice (ICJ)?

    It sits at The Hague (Peace Palace) and consists of 15 judges elected for 9-year terms by the General Assembly and Security Council; no two judges may be nationals of the same State.

19. What is the difference between the contentious and advisory jurisdiction of the ICJ?

    Contentious jurisdiction decides legal disputes between consenting States with binding judgments; advisory jurisdiction gives non-binding legal opinions on questions referred by authorised UN organs and agencies.

20. Name the principal methods of pacific settlement of international disputes under Article 33 of the UN Charter.

    Negotiation, enquiry, mediation, conciliation, arbitration, judicial settlement, resort to regional agencies/arrangements, and other peaceful means of the parties' choice.

21. What is the difference between arbitration and judicial settlement?

    In arbitration parties choose the arbitrators and the procedure/applicable rules by agreement; judicial settlement is decision by a permanent established court (e.g., the ICJ) applying fixed rules and procedure.

22. What does the doctrine of 'jus cogens' mean?

    Peremptory norms of general international law (e.g., prohibition of genocide, slavery, torture, aggression) from which no derogation is permitted and which can be modified only by a subsequent norm of the same character.

23. What is the principle of 'pacta sunt servanda'?

    A foundational principle of treaty law meaning that treaties/agreements are binding upon the parties and must be performed by them in good faith.

24. What is 'Responsibility to Protect' (R2P) in contemporary international law?

    An emerging norm holding that States have a responsibility to protect their populations from genocide, war crimes, ethnic cleansing and crimes against humanity, and that the international community may intervene when a State fails to do so.

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